Romero v. Jurca et al

Filing 6

ORDER that the Complaint and this action are DISMISSED without prejudice. The Clerk of Court is directed to enter judgment accordingly. Signed by Senior Judge Robert C Broomfield on 5/23/2013. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Charles Romero,
Plaintiff,

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vs.
Unknown Jurca, et al.
Defendants.

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No. CV 13-0683-PHX-RCB (SPL)
ORDER

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Plaintiff Charles Romero, a county jail inmate, filed this civil rights action under 42

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U.S.C. § 1983 on April 4, 2013 (Doc. 1). Later that day, the Clerk of Court issued a notice

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of assignment (Doc. 4). The notice was returned in the mail on April 15 (Doc. 5). Plaintiff

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has yet to submit a notice of change of address. Rule 83.3(d) of the Local Rules of Civil

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Procedure requires Plaintiff to file a notice of change of address 10 days before the move is

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effective. Also, Plaintiff was informed in the instructions accompanying the form complaint

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that he must immediately inform the Clerk of Court of a change of address or face possible

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dismissal. Plaintiff has not complied with these requirements.

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“A party, not the district court, bears the burden of keeping the court apprised of any

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changes in his mailing address.” Carey v. King, 856 F.2d 1439, 1441 (9th Cir. 1988) (per

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curiam). If the Court were to order Plaintiff to show cause why dismissal was not warranted,

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the Order “would only find itself taking a round trip through the United States mail.” Id.

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The Court is similarly not required to hold the matter in abeyance in hopes that an

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address change will be forthcoming. “It would be absurd to require the district court to hold

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a case in abeyance indefinitely just because it is unable, through the Plaintiff’s own fault, to

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contact the plaintiff to determine if his reasons for not prosecuting his lawsuit are reasonable

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or not.” Carey, 856 F.2d at 1441. Because Plaintiff has failed to prosecute this action, see

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Fed. R. Civ. P. 41(b), the Court will dismiss the action without prejudice.

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IT IS ORDERED that the Complaint and this action are DISMISSED without
prejudice. The Clerk of Court is directed to enter judgment accordingly.
DATED this 23rd day of May, 2013.

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